STOP! MAKE SURE YOU ANSWER THESE 5 QUESTIONS BEFORE SETTLING YOUR CASE

It’s tempting to wrap up your client’s settlement as quickly as possible. If you move too quickly, though, there are several issues that can derail the settlement before the money is in your client’s hands. Here are five questions to answer before signing the settlement agreement: Question 1: Does Your Client Currently Receive Needs-Based Government […]

WILL A SPEND DOWN SAVE YOUR CLIENT’S BENEFITS?

Medi-Cal) and/or Supplemental Security Income (SSI), assets are typically limited to $2,000 for individuals or $3,000 for a married couple. For those on public benefits who receive a settlement, a special needs trust may help protect those benefits. However, in some cases, a spend down might be a better option. Special Needs Trust vs. Spend […]

Expedited Compromise Petitions: An Underused Tool to Save Time and Money

A settlement involving a minor or disabled adult can be particularly stressful for a family who wants a quick resolution once an agreement is reached.  With the courts still overloaded, it can take months for the compromise hearing to take place, adding delays for both the client and the attorney. Many attorneys are missing out […]

The Cost of Cashing Out Structured Settlements

Most plaintiff attorneys know that structured settlements are tools that ensure a steady, long-term flow of income for their injured clients. But what happens when the client wants to make a big purchase now instead of waiting for the money to be distributed? If the settlement hasn’t been properly planned, then that’s where a factoring […]

Learning the Hard Way

(Guest Post by Casey Johnson, Esq. – Partner, Aitken – Aitken – Cohn) “I thought I had done everything right to protect the plaintiff’s right to avail herself of the benefits of an annuity. However, during the informal negotiations, I had failed to specifically mention the right for the plaintiff to annuitize all or part […]

Is Your Client’s Settlement Opening You Up to Liability?

Plaintiffs who receive a personal injury settlement face a number of important considerations, not the least of which is whether or not they’ll risk losing government benefits if they elect to receive a lump sum. For the attorney, an uneducated client can be a potential red flag for a future malpractice case. ENTITLEMENT BENEFITS VS. […]